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All Journal Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam Jurnal El-Thawalib
Harahap, Rabiyatul Adawiyah
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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PELAKSANAAN DIVERSI PADA SISTEM PERADILAN ANAK PERSPEKTIF KEADILAN RESTORATIF DALAM HUKUM ISLAM Harahap, Rabiyatul Adawiyah; Bariki, Yusril
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2337

Abstract

Diversion is the transfer of settlement of child cases from the criminal justice process to processes outside the criminal justice. whether the diversion process in Law no. 11 of 2012 concerning the juvenile justice system, has it achieved the goal of restorative justice and how is diversion with a restorative justice approach reviewed into Islamic law. This research method is normative, type of literature research and the research approach is a conceptual approach, normative juridical approach, theory of restorative justice and Islamic law. The results of this study are the concept of diversion in the juvenile justice system which is contained in Law Number 11 of 2012 concerning the juvenile justice system has manifested restorative justice, diversion must be carried out not only for solving problems but for diversion. Also restore the condition of what has happened by involving all parties, both perpetrators, victims, families/guardians, society, social institutions others. Meanwhile, in Islamic law, restorative justice is also applied in Islamic law in the form of children's rights which very important because that in terms of handling children who are dealing with the law in Islamic law, legal justice and social justice and moral justice have been obtained.
An Analysis About Drugs Dealers Harahap, Rabiyatul Adawiyah
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i5.4408

Abstract

This research was motivated by two accused drugs dealers  who came from Mandailing Natal who were caught by members of the Padangsidimpuan City Police on January 8, 2020 in Field I Tor Simarsayang with evidence of narcotics class I, type of marijuana weighing 250 kilograms and was sentenced by a judge with sanctions sentence of 20 years in prison. The purpose of this study is to determine the application of the panel of judges regarding material law in the decision, to determine the judge's considerations in imposing the penalty. and to find out how the perspective of Islamic criminal law is related to the decision No.177/Pid.Sus/2020/Pn/Psp.  The research used in this research is field research which is qualitative in nature, namely research conducted by collecting primary and secondary data. Research data that becomes primary data is data obtained directly from research subjects, namely the results of interviews with the Padangsidimpuan City District Court judges and the defendants in in social institution of Padangsidimpuan. While the secondary legal materials for researchers were obtained from laws and regulations, books, articles, expert opinions, and other sources deemed relevant and related to this research. The data collection technique is done by interview, and documentation. The data is processed by identification, clarification and analysis techniques to obtain final conclusions. The results of this study are the application of material law in No.177/Pid.Sus/2020/Pn/Psp is involvement as a narcotics courier, conspiracy in narcotics couriers and evidence. As well as the consideration of the panel of judges in decision No.177/Pid.Sus/2020/Pn/Psp in imposing a 20-year sentence, there are two considerations, namely juridical considerations and non-juridical considerations, in which the juridical considerations consist of the demands of the public prosecutor, a memorandum of defense for the defendant, statements the defendant, the statements of the witnesses, and mitigating and aggravating and non-juridical matters are sociological aspects. So that in imposing a sentence, the judges really consider the sanctions that will be decided based on the facts in the trial. 
Co-Authors Bariki, Yusril